UWAIS, J.S.C. (Delivering the Leading Judgment): The respondent is Ibo from Onitsha in Anambra State of Nigeria while the appellant is Yoruba. Sometime in June, 1967 the appellant got married to the respondent under the native law and custom of Ondo in Ondo State of Nigeria. The respondent was earlier married to another woman. That marriage was subsisting when he got married to the appellant. The appellant was aware of the earlier marriage before she agreed to marry the respondent. There are four children of the marriage between the appellant and the respondent. Three of the children are females while the fourth child is a male.
On the 23rd day of August, 1982 the appellant instituted an action in the Ondo Grade II Customary Court, sitting at Ondo.
The Customary Court stated the appellant's claim as follows-
"The plaintiff's claim against the defendant is for the dissolution of their 15 years old marriage on the grounds of lack of love, ill-treatment and rejection since two years ago.…